Patna High CourtCR. MISC./4262/2021bail granted

Bhola Yadav @Arvind Kumar @ Bhola Rai @ Bhola Gope v. The State Of Bihar

2021-03-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4262 of 2021 Arising Out of PS. Case No.-1219 Year-2019 Thana- KANKARBAG District- Patna ====================================================== Bhola Yadav @Arvind Kumar @ Bhola Rai @ Bhola Gope Son of Shyam Babu Rai @ Shyam Babu Prasad Resident of Village - Sotachak, P.S. - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvan Kumar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

26-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kankarbagh P.S. Case No. 1219 of 2019, registered for the offence under Section 25(1b)a/26 of the Arms Act. As per the prosecution case, one country-made pistol, two live cartridges and one mobile phone have been recovered from the possession of petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from possession of the petitioner and petitioner is in custody since 24.12.2019. Chargesheet has already been submitted.

Considering the aforesaid facts & circumstances and period of custody, the bail application of petitioner is allowed.

Patna High Court CR. MISC. No.4262 of 2021(3) dt.26-03-2021 2/2 Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 1219 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T